UPSC-CSE-IAS Preparation-Indian polity- Making of Constitution Part 2

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Today’s Topic: Making Of Constitution-part2

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Today’s Topic: Making Of Constitution-part2

Q1. Who among the following had favoured Panchayati Raj System by giving the following statement in the Indian constituent Assembly?

“…in the interest of democracy, the villages may be trained in the art of self-government… We must be able to reform the villages and introduce democratic principles of government there…”
a) Ananthasayanam Ayyangar b) Dr.B.R.Ambedkar
c) B.N. Rao d) Jawaharlal Nehru
Ans A
Explanation: MadabhushiAnanthasayanamAyyangar (4 February 1891-19 March 1978) Was the first Deputy Speaker and then Speaker of LokSabha. He was born in Thiruchanoor, Chittoor district of Madras Presidency. He was teacher in Mathematics and later became a lawyer between 1915-1950. Inspired by Mahatma Gandhi he participated actively in Indian Freedom Struggle and was jailed twice.
He was elected as member of Central Legislative Assembly in 1934. He was elected to the first Lok Sabha from Tirupathi and to the Second Lok Sabha from Chittor Constituencies in 1952 and 1956 respectively.
He was elected in 1948 as Deputy Speaker of Lok Sabha with Ganesh Vashdev Mavalankar as the Speaker. Later in 1956 he was elected as Speaker of Lok Sabha. He worked as Governor of Bihar between 1962 and 1967.

Q2. Which congress President during British Raj initiated the idea of a Planning Commission?

a) Jawaharla Nehru b) Mahatma Gandhi
c) Maulana Azad d) Subhas Chandra Bose
Ans D
Explanation: (Congress met at Vitthal Nagar Haripua from 19th 21st February 1938. President of this Congress was Subhash Chandra Bose. As per Haripura resolution, Britain was given 6 months ultimatum to the British, failing to which there will be a revolt. Subhash Chandra Bose organized National Planning Committee. National Planning Committee was the Forerunner of India’s Planning Commission. The idea was to draw a comprehensive plan for economic development of India on the basis of Industrialization.)

Q3. Which one of the following Acts/Reports created the Federal Court in India?

a) Government of India Act, 1909

b) Government of India Act, 1919

c) Montague-Chelmsford Report

d) Government of India Act, 1935.
Ans D
Explanation: (The Federal Court of India was established in India in 1937 under the provisions of the Government of India Act 1935, with original, appellate and advisory jurisdiction. It functioned until 1950, when the Supreme Court of India was established. The seat of the Federal Court was at Delhi. There was a right of appeal to the Judicial in London from the Federal Court of India.
The Federal Court had exclusive original jurisdiction in any dispute between the Central Government and the Provinces. Initially, it was empowered to hear appeals from the High Courts of the provinces in the cases which involved the interpretation of any Section of the Government of India Act, 1935. From 5 January 1948 it was also empowered to hear appeals in those cases, which did not involve any interpretation of the Government of India Act, 1935.)

Q4. “We are under the constitution but the Constitution but the Constitution is what the judges say it is”. Which of the following countries can this be applicable to?

Q5. The Constituent Assembly was setup under the

a) Cripp Mission b) Cabinet Mission Plan

c) Wavell Plan d) Nehru Report
Ans B
Explanation: (The Cabinet Mission of 1946 to India aimed to discuss and plan for the transfer of power from the British Government to Indian leadership, providing India with independence. Formulated at the initiative of Clement Attlee, the Prime Minister of the United Kingdom, the mission consisted of Lord Pethick-Lawrence, the Secretary of State for India, Sir Stafford Cripps, President of the Board of Trade, and A.V. Alexander, the First Lord of the Admiralty. Lord Wavell, the Viceroy of India, did not participate.
The Cabinet Mission’s purpose:
1. Hold preparatory discussions with elected representatives of British India and the Indian states in order to secure agreement as to the method of framing the constitution.
2. Set up a constitution body.
3. Set up an Executive Council with the support of the main Indian parties.
For setting up a constitution-making body, each province was to be assigned a total number of seats proportionate to its population, roughly in the ratio of one to a million. Seats allotted to each Province Shall be divided between the various communities in proportion to their population in the province. Only three classes of Electorates were recognized—General (all others than Muslims and Sikhs), Muslims and Sikhs (Only in the Punjab).According to this principle, the Constituent Assembly was to consist of 292 members from the British Indian Provinces and 4 from Chief Commissioners Provinces. The Indian States were to be represented by 93 members in maximum. The representatives of British India were distributed among the various Provinces and communities as under:
i. Thus the total strength of the Constituent Assembly was to be 187+35+70= 292 members of British Provinces + 93 representatives of the States + 4 representatives of Chief Commissioners Provinces—one each from Delhi, Ajmer-Marwara, Coorg and British Baluchistan = 389.
ii. The representatives of British Indian Provinces were to be elected by each Provincial Legislative Assembly Community wise, through proportional representation by a single transferable vote. As regards the representatives of the States, the exact method of their selection was to be settled by consultation. At the preliminary stage, the States were to be represented by a Negotiating Committee
iii. The Constituent Assembly, at its first meeting, was to elect the Chairman and other office bearers, the Advisory Committee on the rights of citizens, minorities and the Tribal and Excluded Areas and divide the provincial representatives into three sections A,B,C as referred above,
iv. These sections were then to settle the provincial constitutions for the provinces included in each section and also to decide whether a Group Constitution should be set up for those provinces and if so with what provincial subjects, the Groups should deal,
v. As soon as the new constitutional arrangement came into operation, each province was to be at liberty to come out of the Group, assigned to it. Such a decision was however to be taken by the new legislature of the province after the first General Elections under the new Constitution,
vi. The representatives of the Sections and the Indian States were then to re-assemble for framing the Union Constitution. In the Union Constituent Assembly, resolutions regarding the distribution of subjects between the Centre and the Provinces or raising any major communal issue were to be passed by a majority of representatives present and voting, of each of the two major communities.

Q6. Who said the following? ‘India’s Constitution was born more in fear and trepidation than in hope and inspiration?

a) Paul Brass b) Myron Weiner

c) K.C. Wheare d) Jennings
Ans A

Q7. Who of the following constituted an oligarchy within the Constituent Assembly of India?

a) Nehru, Patel, Prasad, Azad b) Ambedkar, B.N. RAo, K.M.Mushi, Nehru
c) Patel, Azad, Munshi, Ambedkar d) Krishnamachari, Pannikar, Nehru, Patel
Ans A
Explanation: (Nehru, Patel, Prasad and Azad constituted “an oligarchy within the Assembly”. In-fact, these four leaders had rich practical experience, marked personal popularity, massive intellect and unmatchable political power which enabled them to wield overwhelming influence on the Constituent assembly’s deliberations. They enjoyed God like status. They were loved but not feared. Hence the future of the Government as well as the nicety of the constitution rested in those hands that were utterly incapable of doing any wrong to the peoples.
Although the oligarchy of four was irresistible yet the Assembly discussed thoroughly all issues, in well attended debates. None posed to be ‘sir oracle’ and claimed “when he speaks, nobody should open his lips”. The procedure was thoroughly democratic.)

Q8. The Constitution of India, was drafted and enacted in which language—

a) Hindi b) English c) Tamil d) Telugu
Ans B

Q9. In which language script, Constitution of India was signed by the members of the Constitutent Assembly on 21st Jan.1950—

a) English b) Hindi c) a and b d) None of the above
Ans C

Q10. What was the total number of members in the Drafting Committee of Constitution?

a) 5 b) 6 c) 7 d) 8
Ans C
Explanation: On 29 August 1947, the Drafting Committee was appointed, with Dr.B.R. Ambedkar as the Chairman along with six other members assisted by a constitutional advisor. These members were Pandit Govind Ballabh Pant, Kanaiyalal Maneklal Munshi (K.M. Munshi, Ex-Home Minister, Bombay), Alladi Krishnasway Iyer (Ex-Advocate General, Madras State), N.Gopalaswami Ayengar (Ex-Prime Minister, J&K and later member of Nehru Cabinet), B.L. Mitter (Ex-Advocate General , India), Md. Saadullah (Ex-Chief Minister of Assam, Muslim League member) and D.P. Khaitan (Scion of Khaitan Business family and a renowned lawyer). The Constitutional advisor was Sir Benegal Narsing Rau (Who became Fist Indian Judge in International Court of Justice, 1950-54). Later B.L. Mitter resigned and was replaced by Madhav Rao (Legal Advisor of Maharaja of Vadodara). Owing to death of D.P.Khaitan, T.T. Krishanmachari was chosen to be included in the drafting committee. A Draft Constitution was prepared by the committee and submitted to the Assembly on 4 November 1947. Draft constitution was debated and over 2000 amendments were move over a period of two years. Finally on 26 November 1949, the process was completed and Constituent assembly adopted the constitution. 284 members signed the document and the process of constitution making was complete. This day is celebrated as National Law Day or Constitution Day.

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